Collins v. Commissioner of Social Security

Filing 15

CONSENT ORDER: Approving the # 14 Stipulation to Remand pursuant to Sentence 4 of 42 U.S.C. section 405(g), therefore the final decision of the Commissioner be and hereby is REVERSED and REMANDED for further administrative action, and the # 1 Complaint - Social Security Appeal is DISMISSED. Signed by Magistrate Judge Miroslav Lovric on 1/17/2023. (jmb)

Download PDF
Case 5:22-cv-00660-ML Document 15 Filed 01/17/23 Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ DIANA C., Plaintiff, v. 5:22-CV-0660 (ML) COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant. ________________________________________ APPEARANCES: OF COUNSEL: LAW OFFICES OF KENNETH HILLER, PLLC Counsel for the Plaintiff 6000 North Bailey Avenue - Suite 1A Amherst, New York 14226 JUSTIN M. GOLDSTEIN, ESQ. SOCIAL SECURITY ADMINISTRATION Counsel for the Defendant 6401 Security Boulevard Baltimore, Maryland 21235 JUNE L. BYUN, ESQ. Special Assistant United States Attorney MIROSLAV LOVRIC, United States Magistrate Judge CONSENT ORDER TO REMAND PURSUANT TO SENTENCE 4 OF 42 U.S.C. § 405(g) This matter having been opened to the Court by CARLA B. FREEDMAN, United States Attorney for the Northern District of New York, and June L. Byun, Special Assistant United States Attorney, attorneys for Defendant, for an Order remanding the within cause of action to the Defendant pursuant to Sentence 4 of 42 U.S.C. § 405(g) so that further administrative action, including a hearing before an Administrative Law Judge and the issuance of a new decision, may be taken; and Plaintiff, through counsel Justin M. Goldstein, having consented to the within order and the requested remand (Dkt. No. 14), and the Court having considered the matter, Case 5:22-cv-00660-ML Document 15 Filed 01/17/23 Page 2 of 2 IT IS on this 17th day of January, 2023, ORDERED that the final decision of the Commissioner be and hereby is REVERSED, and the matter is REMANDED to the Defendant for this further administrative action; and it is further ORDERED that the within matter, be and hereby is, DISMISSED in accord with the decision in Melkonyan v. Sullivan, 501 U.S. 89 (1991); and it is further ORDERED that nothing within this consent order shall be deemed to bar Plaintiff from seeking attorney’s fees under the Equal Access to Justice Act (EAJA), 42 U.S.C. § 2412. Dated: January 17, 2023 Binghamton, New York 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?